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(영문) 울산지방법원 2014.03.20 2014고정104
근로기준법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant, while serving in the Defendant’s workplace, did not pay 3,379,970 won in total from April 2012 to June 2012 within 14 days from the date of retirement without an agreement between the parties concerned.

Judgment

The facts charged of this case are cases in which a public prosecution cannot be instituted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the written agreement bound in the public trial records, the victim B can recognize the fact that he/she has withdrawn his/her wish to punish the defendant around February 2014, which was after the public prosecution was instituted. Thus, the public prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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